Bill Text: FL H0403 | 2010 | Regular Session | Introduced

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Bill Title: Derelict Motor Vehicles and Mobile Homes

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2010-04-30 - Died in Economic Development & Community Affairs Policy Council, companion bill(s) passed, see CS/CS/CS/HB 631 (Ch. 2010-198) [H0403 Detail]

Download: Florida-2010-H0403-Introduced.html

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HB 403

1	A bill to be entitled
2	An act relating to derelict motor vehicles and mobile
3	homes; amending s. 319.30, F.S.; defining the term
4	"seller" and revising the definitions of the terms
5	"certificate of title," "derelict motor vehicle," and
6	"derelict motor vehicle certificate"; revising
7	requirements for disposition of a motor vehicle,
8	recreational vehicle, or mobile home that is sold,
9	transported, or delivered to a salvage motor vehicle
10	dealer or a secondary metals recycler; requiring
11	certificates of title to conform to specified provisions;
12	providing for the dealer or recycler to apply to the
13	Department of Highway Safety and Motor Vehicles for a
14	derelict motor vehicle certificate if the certificate of
15	title, salvage certificate of title, or certificate of
16	destruction is not available; requiring the derelict motor
17	vehicle certificate application to be completed by the
18	seller or owner of the motor vehicle or mobile home, the
19	seller's or owner's authorized transporter, and the dealer
20	or recycler; requiring certain identification information
21	be included with the application; revising the types of
22	documentation that a secondary metals recycler must
23	obtain; permitting recyclers to obtain salvage
24	certificates of title from sellers or owners as a valid
25	method of documentation; providing that a person engaged
26	in the business of recovering, towing, or storing vehicles
27	may not claim certain liens, claim that certain vehicles
28	have remained on any premises after tenancy has
29	terminated, or use the derelict motor vehicle certificate
30	application to transport, sell, or dispose of a motor
31	vehicle at a salvage motor vehicle dealer or metal
32	recycler without otherwise obtaining title to the vehicle
33	or a certificate of destruction; providing penalties;
34	providing an effective date.
35
36	Be It Enacted by the Legislature of the State of Florida:
37
38	Section 1. Paragraphs (c), (e), and (f) of subsection (1),
39	paragraphs (b) and (c) of subsection (2), and subsection (7) of
40	section 319.30, Florida Statutes, are amended, paragraph (v) is
41	added to subsection (1), paragraphs (f) and (g) of subsection
42	(8) are redesignated as paragraphs (g) and (h), respectively,
43	and a new paragraph (f) is added to that subsection, to read:
44	319.30 Definitions; dismantling, destruction, change of
45	identity of motor vehicle or mobile home; salvage.-
46	(1) As used in this section, the term:
47	(c) "Certificate of title" means a record that serves as
48	evidence of ownership of a vehicle, whether such record is a
49	paper certificate authorized by the department or by a motor
50	vehicle department authorized to issue titles in another state
51	or a certificate consisting of information stored in electronic
52	form in the department's database.
53	(e) "Derelict motor vehicle" means any motor vehicle as
54	defined in s. 320.01(1) or mobile home as defined in s.
55	320.01(2), with or without all parts, major parts, or major
56	component parts, which is valued under $1,000, is at least 10
57	model years old, beginning with the model year of the vehicle as
58	year one, and is in such condition that its highest or primary
59	value is for sale, transport, or delivery to a licensed salvage
60	motor vehicle dealer or registered secondary metals recycler for
61	dismantling its component parts or conversion to scrap metal.
62	(f) "Derelict motor vehicle certificate" means a
63	certificate issued by the department which serves as evidence
64	that a derelict motor vehicle will be dismantled or converted to
65	scrap metal. The certificate is obtained by completing a
66	derelict motor vehicle certificate application authorized by the
67	department completed by the derelict motor vehicle owner, the
68	owner's authorized transporter when different from the owner,
69	and the licensed salvage motor vehicle dealer or the registered
70	secondary metals recycler and submitted to the department for
71	cancellation of the title record of the derelict motor vehicle.
72	A derelict motor vehicle certificate may be reassigned only one
73	time if the derelict motor vehicle certificate was completed by
74	a licensed salvage motor vehicle dealer and the derelict motor
75	vehicle was sold to a secondary metals recycler.
76	(v) "Seller" means the owner of record or a person who has
77	physical possession and responsibility for a derelict motor
78	vehicle and attests that possession of the vehicle and all
79	ownership rights were obtained through lawful means. A seller
80	does not include a towing company, repair shop, or landlord
81	unless the towing company, repair shop, or landlord has obtained
82	title, salvage title, or a certificate of destruction in the
83	name of the towing company, repair shop, or landlord.
84	(2)
85	(b)1. When a motor vehicle, recreational vehicle, or
86	mobile home is sold, transported, or delivered to a salvage
87	motor vehicle dealer, it shall be accompanied by:
88	a. A valid certificate of title issued in the name of the
89	seller or properly endorsed, as required in s. 319.22, over to
90	the seller;
91	b. A valid salvage certificate of title issued in the name
92	of the seller or properly endorsed, as required in s. 319.22,
93	over to the seller; or
94	c. A valid certificate of destruction issued in the name
95	of the seller or properly endorsed over to the seller.
96	2. Any person who willfully and deliberately violates this
97	paragraph by selling, transporting, delivering, purchasing, or
98	receiving a motor vehicle, recreational vehicle, or mobile home
99	without obtaining a properly endorsed certificate of title,
100	salvage certificate of title, or certificate of destruction from
101	the owner commits a felony of the third degree, punishable as
102	provided in s. 775.082, s. 775.083, or s. 775.084.
103	(c)1. When a derelict motor vehicle is sold, transported,
104	or delivered to a licensed salvage motor vehicle dealer, the
105	purchaser shall record the date of purchase and the name,
106	address, and personal identification card number of the person
107	selling the derelict motor vehicle, and it shall be accompanied
108	by:
109	a. A valid certificate of title issued in the name of the
110	seller or properly endorsed, as required in s. 319.22, over to
111	the seller;
112	b. A valid salvage certificate of title issued in the name
113	of the seller or properly endorsed, as required in s. 319.22,
114	over to the seller; or
115	c. A valid certificate of destruction issued in the name
116	of the seller or properly endorsed over to the seller.
117	2. If the certificate of title, salvage certificate of
118	title, or certificate of destruction is not available, a
119	derelict motor vehicle certificate application shall be
120	completed by the seller or owner of the motor vehicle or mobile
121	home, the seller's or owner's authorized transporter, and the
122	licensed salvage motor vehicle dealer at the time of sale,
123	transport, or delivery to the licensed salvage motor vehicle
124	dealer. The derelict motor vehicle certificate application shall
125	be used by the seller or owner, the seller's or owner's
126	authorized transporter, and the licensed salvage motor vehicle
127	dealer to obtain a derelict motor vehicle certificate from the
128	department. The identifying number on the personal
129	identification card of the seller or owner must be recorded on
130	the derelict motor vehicle certificate application. The derelict
131	motor vehicle certificate application must be accompanied by a
132	copy of the seller's or owner's personal identification card
133	when the personal identification card is something other than a
134	Florida driver's license or Florida identification card. The
135	licensed salvage motor vehicle dealer shall secure the motor
136	vehicle or mobile home for 3 full business days, excluding
137	weekends and holidays, before destroying or dismantling the
138	derelict motor vehicle and shall follow all reporting procedures
139	established by the department, including electronic notification
140	to the department or delivery of the original derelict motor
141	vehicle certificate application to an agent of the department
142	within 24 hours after receiving the derelict motor vehicle.
143	3. Any person who willfully and deliberately violates this
144	paragraph by selling, transporting, delivering, purchasing, or
145	receiving a derelict motor vehicle without obtaining a
146	certificate of title, salvage certificate of title, certificate
147	of destruction, or derelict motor vehicle certificate
148	application; enters false or fictitious information on a
149	derelict motor vehicle certificate application; does not
150	complete the derelict motor vehicle certificate application as
151	required; does not obtain a copy of the seller's or owner's
152	personal identification card when required; or does not make the
153	required notification to the department; or destroys or
154	dismantles a derelict motor vehicle without waiting the required
155	3 full business days commits a felony of the third degree,
156	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
157	(7)(a) In the event of a purchase by a secondary metals
158	recycler, that has been issued a certificate of registration
159	number, of:
160	1. Materials, prepared materials, or parts from any seller
161	for purposes other than the processing of such materials,
162	prepared materials, or parts, the purchaser shall obtain such
163	documentation as may be required by this section and shall
164	record the seller's name and address, date of purchase, and the
165	personal identification card number of the person delivering
166	such items.
167	2. Parts or prepared materials from any seller for
168	purposes of the processing of such parts or prepared materials,
169	the purchaser shall record the seller's name and address and
170	date of purchase and, in the event of a purchase transaction
171	consisting primarily of parts or prepared materials, the
172	personal identification card number of the person delivering
173	such items.
174	3. Materials from another secondary metals recycler for
175	purposes of the processing of such materials, the purchaser
176	shall record the seller's name and address and date of purchase.
177	4.a. Motor vehicles, recreational vehicles, mobile homes,
178	or derelict motor vehicles from other than a secondary metals
179	recycler for purposes of the processing of such motor vehicles,
180	recreational vehicles, mobile homes, or derelict motor vehicles,
181	the purchaser shall record the date of purchase and the name,
182	address, and personal identification card number of the person
183	selling such items and shall obtain the following documentation
184	from the seller with respect to each item purchased:
185	(I) A valid certificate of title issued in the name of the
186	seller or properly endorsed, as required in s. 319.22, over to
187	the seller;
188	(II) A valid salvage certificate of title issued in the
189	name of the seller or properly endorsed, as required in s.
190	319.22, over to the seller;
191	(III)(II) A valid certificate of destruction issued in the
192	name of the seller or properly endorsed over to the seller; or
193	(IV)(III) A valid derelict motor vehicle certificate
194	obtained from the department completed by a licensed salvage
195	motor vehicle dealer and properly reassigned to the secondary
196	metals recycler.
197	b. If a valid certificate of title, salvage certificate of
198	title, certificate of destruction, or derelict motor vehicle
199	certificate is not available and the motor vehicle or mobile
200	home is a derelict motor vehicle, a derelict motor vehicle
201	certificate application shall be completed by the seller or
202	owner of the motor vehicle or mobile home, the seller's or
203	owner's authorized transporter, and the registered secondary
204	metals recycler at the time of sale, transport, or delivery to
205	the registered secondary metals recycler. The derelict motor
206	vehicle certificate application shall be used by the seller or
207	owner, the seller's or owner's authorized transporter, and the
208	registered secondary metals recycler to obtain a derelict motor
209	vehicle certificate from the department. The identifying number
210	on the personal identification card of the seller or owner must
211	be recorded on the derelict motor vehicle certificate
212	application. The derelict motor vehicle certificate application
213	must be accompanied by a copy of the seller's or owner's
214	personal identification card when the personal identification
215	card is something other than a Florida driver's license or
216	Florida identification card. The registered secondary metals
217	recycler shall secure the derelict motor vehicle for 3 full
218	business days, excluding weekends and holidays, before
219	destroying or dismantling the derelict motor vehicle and shall
220	follow all reporting procedures established by the department,
221	including electronic notification to the department or delivery
222	of the original derelict motor vehicle certificate application
223	to an agent of the department within 24 hours after receiving
224	the derelict motor vehicle.
225	c. Any person who willfully and deliberately violates this
226	subparagraph by selling, transporting, delivering, purchasing,
227	or receiving a motor vehicle, recreational motor vehicle, mobile
228	home, or derelict motor vehicle without obtaining a certificate
229	of title, salvage certificate of title, certificate of
230	destruction, or derelict motor vehicle certificate, or derelict
231	motor vehicle certificate application; enters false or
232	fictitious information on a derelict motor vehicle certificate
233	application; does not complete the derelict motor vehicle
234	certificate application as required; does not obtain a copy of
235	the seller's or owner's personal identification card when
236	required; or does not make the required notification to the
237	department; or destroys or dismantles a derelict motor vehicle
238	without waiting the required 3 full business days commits a
239	felony of the third degree, punishable as provided in s.
240	775.082, s. 775.083, or s. 775.084.
241	5. Major parts from other than a secondary metals recycler
242	for purposes of the processing of such major parts, the
243	purchaser shall record the seller's name, address, date of
244	purchase, and the personal identification card number of the
245	person delivering such items, as well as the vehicle
246	identification number, if available, of each major part
247	purchased.
248	(b) Any person who violates this subsection commits a
249	felony of the third degree, punishable as provided in s.
250	775.082, s. 775.083, or s. 775.084.
251	(8)
252	(f) This section does not authorize any person that is
253	engaged in the business of recovering, towing, or storing
254	vehicles pursuant to s. 713.78 to claim a lien for performing
255	labor or services on a motor vehicle or mobile home pursuant to
256	s. 713.58, to claim that a motor vehicle or mobile home has
257	remained on any premises after tenancy has terminated pursuant
258	to s. 715.104, or to use a derelict motor vehicle certificate
259	application for the purpose of transporting, selling, or
260	disposing of a motor vehicle at a salvage motor vehicle dealer
261	or metal recycler without obtaining the title or certificate of
262	destruction required under s. 713.58, s. 713.78, or s. 715.104.
263	Any person who transports, sells, or disposes of any motor
264	vehicle or mobile home that was recovered, towed, or stored
265	pursuant to s. 713.78, who claims a lien for performing labor or
266	services on a motor vehicle or mobile home pursuant to s.
267	713.58, or who claims that a motor vehicle or mobile home has
268	remained on any premises after tenancy has terminated pursuant
269	to s. 715.104 with respect to a derelict motor vehicle
270	certificate application commits a felony of the third degree,
271	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
272	Section 2. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.